ISSUES WITH IP LAW AND FASHION INDUSTRIES IN INDIA

Abstract

Indian textile, garment, and fashion industries are among the world's pioneers with its enormous industrial base and raw materials. As trade and commerce have grown due to globalisation, counterfeiters are now able to take advantage of a low-cost manufacturing base in India, to produce and distribute their fake goods. The existence of such goods has grown to be a massive problem that has gained the attention of the government, decision-makers, and the fashion industry. Lack of Intellectual Property Rights protection can result in the theft of cutting-edge and distinctive fashion designs, which gives rise to the need of a comprehensive statute. Many presumptions about the fashion industry fall short of describing the market reality, where technology has helped in advancing knockoffs that can outperform originals. This adds to the suffering of up-and-coming fashion firms and designers. The innovative fashion products are mostly unprotected because they are a crucial component of negative spaces. The primary goal of this paper is to examine the current protection offered by the Intellectual Property Rights legislations as well as how it affects the Indian fashion industry and the grounds for criticism in this reference will also be highlighted.